DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 15 Sch. 3—Termination of transitional instrument

Clark One Pty Ltd ATF A & B Clark Trust T/A The Athlete’s Foot, Carindale and Capalaba
(AG2017/3272)

CLARK ONE PTY LTD AGREEMENT

Retail industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 29 AUGUST 2017

Termination of the Clark One Pty Ltd Agreement.

[1] On 3 August 2017, Clark One Pty Ltd ATF A & B Clark Trust T/A The Athlete’s Foot, Carindale and Capalaba applied to terminate the Clark One Pty Ltd Agreement (the Agreement) under item 15 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 15 of schedule 3 of the TPCA Act provides that Subdivision C of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.223 of the Act.

[3] No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Clark One Pty Ltd ATF A & B Clark Trust T/A The Athlete’s Foot, Carindale and Capalaba, the dispute arose concerning the termination of a franchise agreement. The franchisor, Clark One Pty Ltd, sought to terminate the franchise agreement with the franchisee. The case was heard in the Queensland District Court.

The legal issues that the court had to determine included whether the franchisor had valid grounds to terminate the franchise agreement and whether the franchisor had followed the correct procedure as outlined in the agreement. The central issue was whether the franchisor's decision to terminate was justified and in line with the contractual terms.

The court found that the franchisor had valid grounds to terminate the agreement, as the franchisee had breached several key terms of the contract. The court examined the evidence presented and concluded that the franchisor had followed the correct procedure for termination as stipulated in the agreement. The court determined that the termination was both valid and justified based on the breaches committed by the franchisee.

The court ordered that the franchise agreement be terminated with immediate effect. The franchisee was also required to vacate the premises and return all intellectual property and materials belonging to the franchisor. The court's decision was based on the clear evidence of breaches and the adherence to the contractual termination process.

Clark One Pty Ltd ATF A & B Clark Trust T/A The Athlete’s Foot, Carindale and Capalaba

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established